Ex parte EFSTATHIO - Page 2




          Appeal No. 98-1858                                                          
          Application 08/678,196                                                      



                    This is a decision on appeal from the examiner's                  
          final rejection of claims 1 through 20, all the claims pending              
          in the application.                                                         


                    Appellant’s invention is directed to a method of                  
          treating valve dysfunction in a human patient by using a                    
          marine mammal trileaflet valve (e.g., a marine mammal ventric-              
          ular outflow valve) as a replacement for the human patient’s                
          dys- functional valve, more specifically, a patient’s dysfunc-              
          tional aortic, mitral, tricuspid, or pulmonary valve.  In                   
          addition, the invention is directed to a “fixed, marine mammal              
          ventricular outflow valve” (claim 18).  Claims 1, 11 and 18                 
          are illustrative of the subject matter on appeal and a copy of              
          those claims may be found in Appendix A of appellant’s brief.               


                    The prior art references of record relied upon by                 
          the examiner as evidence of obviousness under 35 U.S.C. § 103               
          are:                                                                        
          Cumming et al. (Cumming)        4,793,344        Dec. 27, 1988              
          Ross                            5,352,240        Oct.  4, 1994              


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